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Patna High Court – Orders
Mannu Sao vs The State Of Bihar on 14 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No.31374 of 2011
                                          Mannu Sao
                                             Versus
                                      The State Of Bihar
                                ----------------------------------

For the Petitioner : Mr N.K. Agrawal,
Sr. Advocate with
Mr. D.N. Tiwari,
Advocate
For the S t a t e : N o n e

———-

2. 14.9.2011 Heard learned counsel for the petitioner. No one appears

on behalf of the State.

This application is for modification of the order dated

4.7.2011 passed in Cr.W.J.C. No.399 of 2011, whereby this Court

directed that on an application being made by the petitioner before

the Sub-Divisional Judicial Magistrate, Patna for release of the

wheat and rice in question, the same would be considered in

accordance with law and upon such satisfaction and on furnishing

adequate security, the wheat and rice be released in favour of the

petitioner. It was, however, made clear that the aforesaid release

shall be subject to the result of the confiscation case/criminal

proceedings against the petitioner.

Learned counsel for the petitioner submits that the

application filed by the petitioner pursuant to the aforesaid order

of the Court, upon consideration, was rejected and the wheat and

rice in question was not released on being informed by the counsel

for the State that a confiscation proceeding has been initiated

against the petitioner with respect to the wheat and rice in

question. The learned SDJM, Patna while taking into note of the
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provisions of section 6 A of the Essential Commodities Act (State

Amendment) declined to release the wheat and rice on taking a

view that since confiscation proceeding is pending, the court of

the SDJM could not release the aforesaid wheat and rice. Learned

counsel for the petitioner submits that this Court directed for

release of the wheat and rice by the Sub-Divisional Judicial

Magistrate, Patna on being satisfied on furnishing the adequate

security. The release was to be made as per the order of the High

Court and, as such, the refusal to release on the ground that the

confiscation proceeding is pending against the petitioner was not

correct.

Having considered the submissions of the petitioner and

on perusal of the order passed by the learned Sub-Divisional

Judicial Magistrate, Patna, vide order dated 4 th of August, 2011, it

appears that the Sub-Divisional Judicial Magistrate, Patna has

failed to appreciate the order of this Court correctly. By order

dated 4.7.2011, this Court directed for release of the wheat and

rice by the court below on being satisfied with respect to the

adequate security. The release was, however, directed to be

subject to the result of the confiscation proceeding. In other

words, the wheat and rice in question were to be released, which

will be subject to the final decision in the confiscation proceeding

and as such, in terms of the order of this Court, the confiscation

proceeding could not come in the way for release of the aforesaid

rice and wheat.

In that view of the matter, the order dated 4.7.2011 is
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modified/clarified to the effect that the Sub-Divisional Judicial

Magistrate, Patna shall release the wheat and rice in question on

being satisfied with the adequate security. It is again clarified that

the aforesaid release of the wheat and rice shall be subject to the

ultimate result of the confiscation proceeding. The Sub-Divisional

Judicial Magistrate, Patna shall pass a fresh order for release.

The criminal miscellaneous application stands disposed

of.

Let the order be communicated to the court of the

S.D.J.M., Patna in connection with Digha P.S. Case No.43 of

2011 through fax on the cost being deposited by the petitioner.

PNM                                  (Shailesh Kumar Sinha, J.)
 

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